Interim Injunction In US Patent Litigation: A Rare But Real Option

I found an article outlining a long patent dispute between Illumina and Qiagen since 2012 (click here).

It contains the following exciting paragraphs:

“Illumina, Columbia, and Qiagen have been caught up in patent infringement suits for the last five years. Columbia first sued Illumina in 2012, claiming the firm infringed on five patents it had licensed to Intelligent Bio-Systems, which Qiagen subsequently purchased. Illumina countersued later that year, claiming that Columbia, IBS, and Qiagen infringed on three of its patents.”

I have never heard of such a thing as a preliminary injunction in patent cases in the US.

Key Reasons for Granting a Preliminary Injunction

The above article came with links to more information, so I found the article entitled “Court Issues Preliminary Injunction Against Qiagen in Illumina Sequencing IP Dispute” (click here).

This article includes a brief description of the reasons why the court issued a preliminary injunction before the trial in the patent litigation had even begun.

This is the article’s brief description of the sequence of events:

“The dispute between Illumina and Qiagen traces back to patent disputes between Illumina, Columbia University, and Intelligent-Bio Systems, which Qiagen acquired. Columbia sued Illumina in 2012, arguing that it infringed on patents it licensed to IBS, and Illumina countersued. The lawsuit was put on hold, however, because the patents in question underwent an inter partes review.”

In a nutshell, according to the article, the decision to grant Illumina’s preliminary injunction was based on three grounds: #1 Illumina demonstrated that it was likely to succeed in its patent dispute with Qiagen; #2 Illumina demonstrated that it would likely suffer “irreparable harm” if the motion were not granted; and #3 the injunction was in the public interest.

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